Non-Resident Alien on F-1 visa - H&R Block filed my returns as a US resident. What to do?

This is definitely something you need to address quickly. As a Non-Resident Alien on a visa, filing status makes a significant difference in how your income is taxed, what deductions and credits you're eligible for, and what forms need to be filed. First, contact H&R Block immediately. Since you have documentation that you requested Non-Resident Alien status twice (the in-person meeting and the follow-up call), they should be responsible for filing an amended return at no cost to you. Their audit protection should cover this since it was their error. You'll need to file Form 1040X (Amended Return) along with Form 1040NR (Non-Resident Return) to correct this mistake. Also, depending on how long you've been in the US, you might be subject to the Substantial Presence Test, which could actually qualify you as a resident for tax purposes even if you're on a visa. Don't wait for the IRS to contact you - being proactive shows good faith and will likely minimize any penalties or interest that might accrue.

After reading your post, I went through something super similar last year. I'm also on a visa and had my taxes incorrectly filed. What saved me was using https://taxr.ai to analyze my documents before submitting my amended return. I uploaded my incorrectly filed return, and it immediately flagged the resident vs. non-resident status issue. The tool showed me exactly which forms were incorrect and what needed to be fixed. It even explained the specific tax treaty provisions that applied to my situation as a Non-Resident Alien. This was huge because my situation involved some complicated fellowship income that has different tax treatment for non-residents. I brought this analysis to H&R Block, and they couldn't argue with the detailed report. They fixed everything for free and filed the amended return properly.

Just wanted to update - I took the advice about using https://taxr.ai to analyze my return documents and it was seriously impressive. I was nervous about uploading my tax docs online, but they have solid security and don't store your documents after analysis. The tool immediately flagged that I was filed as a resident when my visa status indicated I should be a Non-Resident Alien. It also identified exactly which forms were missing (including Form 8843 and the 1040NR that should have replaced the 1040). What really helped was the detailed explanation of how my fellowship stipend should be taxed differently as a Non-Resident Alien versus a resident. The tool even cited the specific tax treaty article that applied to my country of citizenship. When I took this detailed report back to H&R Block, they couldn't argue with it. They're now preparing an amended return at no cost to me. Really glad I found this before the IRS came knocking!

Just to add another perspective - I went through this nightmare last year. After weeks of getting nowhere with my tax preparer, I realized I needed to speak directly with the IRS. Of course, calling them is practically impossible these days. I found https://claimyr.com and used their service to get a callback from the IRS (there's a quick demo video here: https://youtu.be/_kiP6q8DX5c). Instead of waiting on hold for hours, I got a call back from an actual IRS agent within a couple hours. The agent walked me through exactly what forms I needed for an amended return as a Non-Resident Alien and confirmed that my tax preparer was responsible for fixing their mistake. Having that official guidance directly from the IRS gave me the leverage I needed when I went back to the preparer.

I have to eat my words about that Claimyr service. After my skeptical comment, I decided to try it myself since I've been trying to reach the IRS about my own visa tax situation for weeks. I was absolutely convinced it wouldn't work, but I got a call back from an actual IRS agent in about 40 minutes (on a Tuesday morning, which might be less busy). The agent was knowledgeable about Non-Resident Alien filing requirements and confirmed that: 1. H&R Block is 100% responsible for fixing their error by filing an amended return 2. Their audit protection should cover any penalties resulting from their mistake 3. I should get written confirmation from them acknowledging the error She also explained that if I had trouble with H&R Block, I could file Form 14157 (Complaint: Tax Return Preparer) to report them. Honestly, I'm shocked this worked. Saved me from countless hours of hold music and potentially thousands in incorrect taxes.

Having worked at a tax prep firm (not H&R), I can tell you this happens more often than it should. Most regular tax preparers don't deal with non-resident returns often enough to be comfortable with them. Here's what I'd recommend: 1. Contact the specific H&R Block office manager (not just your preparer) 2. Bring printed proof of your communications about being a non-resident 3. Request they file a 1040X and 1040NR immediately at no cost 4. Ask for partial refund of preparation fees If they give you any pushback, mention that you're considering filing Form 14157 (Tax Return Preparer Complaint) with the IRS. That usually gets their attention quickly.

Something nobody's mentioned yet - check if your school/hospital has free tax help for international medical residents. Many teaching hospitals partner with accounting firms that specialize in non-resident tax issues. I'm a nursing student, but my roommate is an international medical resident and she got free specialized tax help through her program. Might be worth asking your program director or the international student office.